Way to check with IRS if the ex wife claims kids as dependents on taxes

grandpaharoldbarnes · 2024-01-26T20:11:53+00:00

Tax pro here. If you only have the kids 40% of the time, then the other parent is the “custodial” parent per the IRS regardless of what your divorce decree states. You may have an order that grants you the exemption for the kids, but not the right to claim HoH filing status or the EITC or any dependent care credit.

A state court cannot order custody contrary to federal law. The average person simply doesn’t understand the law and divorce attorneys seldom explain it to the parties.

From your own words, the other parent is the custodial parent per the IRS, not per your custody order. Those are two distinct and separate things. Ask the other parent for her to sign an 8332.

https://www.irs.gov/pub/irs-pdf/f8332.pdf

It sounds like she is ordered to, so if she refuses, then you might have your attorney send her a letter reminding her. But that 8332 does not give you the right to claim anything but the Child Tax Credit, the Additional Child Tax Credit or the Other Dependent Credit and the exemption. That’s it. That’s all you can take. You cannot use the kids to file as HoH.

Don’t believe me? Go ask a tax pro. r/tax can set you straight.

Ecstatic-Shopping313 · 2024-01-26T19:42:05+00:00

I filed immediately last year and got to claim both kids, but I'm confused because she never said a word about it. Part of me thinks she just didn't file at all but I can't imagine why.

SkeptiCynical · 2024-01-26T03:21:10+00:00

File your taxes the way you're supposed to, claiming the children the way you're supposed to.

If you file your taxes first, your return will be correct. If your ex then tries to file with the kids as her dependents, it will be kicked back.

If she's filed first and your return gets kicked back, you send in a copy of the order when the IRS asks. Then you get the deductions you're entitled to.

No need to get lawyers or the court involved, don't waste your time and money. You can grey rock your way through this.

upvotersfortruth · 2024-01-26T02:09:08+00:00

You’ll only find out after you both claim them, unless she’s up front about it. You could try a preemptive strike and have your lawyer “remind” her lawyer that you get to claim them. Which could backfire, of course. There’s just not really a good front end solution for someone who is willing to ignore court offers, generally.

jalopkoala · 2024-01-26T02:06:28+00:00

I don’t know how to check but we filled one of these out in 2018 with alternate tastes listed until 2024

https://www.irs.gov/forms-pubs/about-form-8332

AirSailer · 2024-01-26T01:12:34+00:00

File first. The IRS defaults to whomever files first, then it's up to the 2nd person to convince the IRS they (the 2nd filet) is correct.

rottingflamingo · 2024-01-25T23:50:49+00:00

I just went through this; not aware of a way to check beyond trying to submit online and getting kicked back due to ‘dependents SS# already used’ error. I had to file by mail, then go a couple rounds with my state FTB showing them the legal agreement etc. Relatively painless, but it did take about 3 months.

Grouchy_Software963 · 2024-01-25T23:50:13+00:00

No real good way without seeing her tax returns... Follow the order, then let the lawyers figure it out is the IRS comes...

Reflog1791 · 2024-01-25T23:28:00+00:00

HR Block for taxes post divorce. They’ve seen all this and won’t shit the bed.

Title	Way to check with IRS if the ex wife claims kids as dependents on taxes
Author	hdrobin89
Upvotes	8
Comments	16
Date	January 25, 2024 11:06 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/19fmkuj/way_to_check_with_irs_if_the_ex_wife_claims_kids/
Archive Link	https://theredarchive.com/r/Divorce_Men/way-to-check-with-irs-if-the-ex-wife-claims-kids.1243790 https://theredarchive.com/post/1243790

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